----------------------------------------------------------------------------


 9  AN ACT concerning the retirement system for judges; relating to district
10    magistrate judges; amending K.S.A. 20-2610 and 20-2620 and repeal-
11    ing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 20-2610 is hereby amended to read as follows: 20-
15  2610. (a) A judge who retires under K.S.A. 20-2608, and amendments
16  thereto, shall be entitled to receive an annuity subject to subsection (b),
17  each monthly payment of which shall be in an amount equal to the total
18  of 5% of the final average salary of the judge, determined as provided in
19  subsection (b), multiplied by the number of the judge's years of service
20  up to 10 years, and 3.5% of the final average salary of the judge, deter-
21  mined as provided in subsection (b), multiplied by the number of the
22  judge's years of service in excess of 10 years, but such monthly benefits
23  shall not exceed 70% of the final average salary of such judge, determined
24  as provided in subsection (b). A judge who retires under K.S.A. 20-2608
25  and amendments thereto, and who became a member of the system after
26  June 30, 1987, shall be entitled to receive an annuity subject to subsection
27    (b), each monthly payment of which shall be in an amount equal to the
28  total of 3.5% of the final average salary of the judge, determined as pro-
29  vided in subsection (b), multiplied by the number of the judge's years of
30  service, but such monthly benefits shall not exceed 70% of the final av-
31  erage salary of the judge, determined as provided in subsection (b). For
32  purposes of this subsection, the date of membership for a district magis-
33  trate judge who became a member of the system as provided by K.S.A.
34  20-2620 and amendments thereto and who purchased service as provided
35  in subsection (c) of K.S.A. 20-2620 and amendments thereto shall be the
36  day such district magistrate judge became a district magistrate judge and
37  if such district magistrate judge's membership date as determined in this
38  subsection is earlier than July 1, 1987, such district magistrate judge shall
39  be entitled to the 5% of final average salary calculation for up to 10 years
40  of service as provided in this subsection.
41    (b)  For any judge who retires under K.S.A. 20-2608 or 20-2609, and
42  amendments thereto, on or after July 1, 1975, the annuity shall be based
43  on the final average salary of such judge as provided in this subsection.
HB 2339
                                     

 1  The final average salary of a judge who becomes permanently physically
 2  or mentally disabled and who is retired under K.S.A. 20-2608 or 20-2609,
 3  and amendments thereto, shall be determined as if such judge had retired
 4  on the date such judge became permanently physically or mentally disa-
 5  bled. The final average salary of a former judge whose service is termi-
 6  nated without retiring and who later retires under K.S.A. 20-2608, and
 7  amendments thereto, shall be determined as if such former judge had
 8  retired at the time such service was terminated.
 9    In the case of judges who retire on or after July 1, 1993, the final
10  average salary shall mean the average highest annual salary paid to the
11  judge for any three years of the last 10 years of service as a judge im-
12  mediately preceding retirement or termination of employment, or if serv-
13  ice as a judge is less than three years, then the final average salary shall
14  be the average annual salary paid to the judge during the full period of
15  service as a judge, or if service as a judge is less than one year, then the
16  final average salary shall be computed by multiplying the amount of
17  monthly salary such judge was receiving at the time of retirement by 12.
18    (c)  The provisions of law in effect on the retirement date of a judge
19  under the retirement system for judges shall govern the retirement ben-
20  efit payable to the judge, any joint annuitant and any beneficiary.
21    Sec. 2.  K.S.A. 20-2620 is hereby amended to read as follows: 20-
22  2620. (a) Except as otherwise provided, each district magistrate judge
23  holding such position on the effective date of this act may become a
24  member of the retirement system for judges on the first day of the payroll
25  period of the fiscal year ending June 30, 1994, only by filing with the
26  board of trustees of the Kansas public employees retirement system on
27  or before the first day of the payroll period of the fiscal year ending June
28  30, 1994, a written election to become a member of the system. Failure
29  to file such written election shall be presumed to be an election not to
30  become a member of the system. Such election, whether to become a
31  member or not to become a member, shall be irrevocable. In addition,
32  any such district magistrate judge who makes the election previously pro-
33  vided in this section, may elect to transfer such district magistrate judge's
34  service credit from the Kansas public employees retirement system as
35  provided in subsection (e) of K.S.A. 20-2601 and amendments thereto
36  and subsection (c). The date of membership for a district magistrate judge
37  who became a member of the system as provided in this section and who
38  purchased service as provided in subsection (c) shall be the day that such
39  district magistrate judge became a district magistrate judge.
40    (b)  Each person who becomes a district magistrate judge on or after
41  the effective date of this act shall become a member of the retirement
42  system for judges on the first day such person holds the position of district
43  magistrate judge.
HB 2339
                                     

 1    (c)  The board of trustees of the Kansas public employees retirement
 2  system shall transfer to the credit of the district magistrate judge under
 3  the retirement system for judges such amounts as may be presently cred-
 4  ited to a district magistrate judge's account for contribution under the
 5  Kansas public employees retirement system and an equivalent amount to
 6  the employer's account for contributions for such district magistrate judge
 7  whenever an application for conversion of service under the Kansas public
 8  employees retirement system is received from a district magistrate judge.
 9  Any district magistrate judge may purchase such service by electing such
10  purchase prior to retirement by means of a single lump sum payment or
11  equal annual payments for not to exceed five years. The lump sum or
12  annual payments shall be determined by the system's actuary by using
13  the member's final average salary at the time of application, actuarial
14  assumptions and tables currently in use by the system and the member's
15  attained age. No participating employer shall pay all or any part of the
16  cost of service credit purchased by a member under this section.
17    Sec. 3.  K.S.A. 20-2610 and 20-2620 are hereby repealed.
18    Sec. 4.  This act shall take effect and be in force from and after its
19  publication in the statute book.